AMBATL ANJAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 13-12-2000 passed by a learned Single Judge of this Court in Writ Petition No. 19789 of 1997 and batch whereby and whereunder the writ petition filed by the petitioner- appellant herein was dismissed with costs. Under the A.P. Cooperative Societies Act the Fishermen Co-operative Society of Vemulakonda village ('the Co-operative Society' for short) is registered. Its membership stood at 81. The water spread area available to it for conducting fishing operations in the tank was about 61.31 hectares. The Coo-perative Society filed the writ petition questioning an order passed by the 1st respondent herein while disposing of a revision petition directing the Assistant Director of Fisheries, Nalgonda to take immediate necessary action for removal of the ineligible members from the society and also to admit 10 fishermen selected by the Assistant Director on 4-5-1983. It appears that the 1st respondent had called for a report from the Mandal Revenue Officer, Veligonda and in its report the said authority stated that out of 81 members only 24 members are residing in the village and the rest had been residing at various other places and have alternative avocations including Government jobs. Pursuant to the Government order dated 4-8-1997 in Memo No. 5417/Fish.II(I)/94-19 the Assistant Director of Fisheries was directed to remove as many as 38 members of the society specified therein and also to refund the share capital to them. It further directed the society to convene an Executive Body Meeting within 10 days from the date of receipt of the order and pass necessary resolution removing 38 ineligible fishermen as members thereof.

(2.) The order of the Government of Andhra Pradesh dated 12-9-1987 in its Memo No. 15-1863/Fish.II(I)/97-l reads thus:

(3.) It is not in dispute that detailed enquiries had been made in the matter by the. authorities concerned. With the consent of the parties one Advocate Commissioner was also appointed in whose presence the Assistant Director of Fisheries was directed to conduct a fresh enquiry. A report was submitted by the Advocate Commissioner wherein it was clearly stated that the findings of the Assistant Director to the effect that there were 38 bogus members are correct. He further informed that even Government employees like Mandal Revenue Officer, Revenue Inspectors, Bank employees, Engineers and Lecturers are continuing as members of the society. The learned Single Judge, having heard the Counsel for the parties, directed: